Friday, May 20, 2011

I warned you about Supreme Court Justice Steve David

Indiana Supreme Court Justice Steve David has gained much notoriety recently based upon his decision in the case of Barnes v State of Indiana. Many people seem alarmed by this decision but it does not surprise me at all. When I first heard of it my comment was, "Well I know Dickson will have dissented". Then I went into my bullet point soliloquy about how this was predictable and that I had warned people, including Governor Daniels, that this is the type of decision that I fully expected from Steve David.

I first became aware of Steve David over 10 years ago when he was the Boone County Circuit Court judge. He had ordered the return of a toddler to parents over the objections of the Child Protect Services case manager. Soon after, the child was dead; having been struck by a vehicle while wandering through a parking lot unsupervised.

This was just the beginning of my knowledge about or encounters with Steve David. In the work I do I am often able to review juvenile case files and family law cases. Who accepted a plea agreement for 10 years probation and no jail time for a man who had sex with a child? Who placed three adolescent girls in the custody of a convicted child molestor instead of with their mother? Who dismissed a lawsuit seeking access to the records of the detention of a child at the Boone County Jail and had alleged a sexual assault? Judge Steve David in all of those.

More alarming though is when a Western Boone High School student brought sexual assault allegations to me Steve David placed a No Contact Order on her barring her from disclosing more information to me. When it was discovered that she was leaving information for me at my house a No Contact Order was placed against me by Judge David which barred me from receiving information from the girl.

I warned the public about Judge David though. While facing a concocted felony charge in the court where David presided I invited the public to come see the evidence of corruption by David and Boone County Prosecutor Todd Meyer exposed at my trial. However, I never have exposed this evidence which is kept in a vault far from Lebanon, Indiana. The reason for that -- I never got a trial.

On 17 August 2005 Meyer took one of the fliers about my trial, that were being distributed around Boone County, to David. That day my 33 subpoenas, including three police officers to testify in my favor, were quashed and my trial date vacated. Two days later a building where some of the evidence against David was being stored was burnt to the ground in an arson fire. Although the evidence survived the fire, the State Fire Marshall would not allow items to be retrieved from the burn site until a specified time. The building was razed prior to that specified time. Fortunately that crime scene tape was crossed and the evidence retrieved prior to the building being razed.

For the next year and a half I tried to get a trial so a jury could see and hear the evidence. As trial dates would approach David would sua sponte [on his own] reset the trial date. Eventually, the prosecutor from the third county assigned to the case made a motion to dismiss. I argued against the motion and filed a Motion to Reinstate the charge contending I had the right to a trial by jury and the case had not been properly disposed. Yes, I am the guy who filed to be recharged with a felony after the charge was dismissed. I do have documents that demonstrate that the Probable Cause Affidavit contained false statements, that the prosecutor assisted in it and that Judge David, according to one of the special prosecutors assigned to the case, was culpable in the alleged crime.

Also during 2005 I became aware of a child-sex ring operating in Boone County. Former assistant principal of Western Boone High School, Jerry Taylor, suddenly resigned after an alleged victim filed a complaint with Boone County Prosecutor Todd Meyer stating that Taylor had sexually assaulted her. I have a recording of Taylor admitting to the crime which was provided to prosecutor Meyer yet Taylor was never charged but instead was allowed to quietly leave the community and now works at another school. One of the statements made by Taylor in that recording was that he would get Judge David to send children to the Henry County Youth Center as a sort of extra form of punishment. Parents have told me that their children were sent there if the child or the parent had refused Taylor's sexual advances.

I had also received complaints from young girls or parents about what they considered inappropriate sexual activity at the Indiana United Methodist's Childrens Home in Lebanon. In 2008 one employee, Stephanie Rogers, was charged and convicted of having sexual relations with a female child, age 15, who resided there.

In 2005-2006 I placed signs in the windows of my home about Judge David being corrupt and inviting people to come see the trial. During the Summer of 2006 I added an additional sign, more particularly a sign that read, "Child Sex Ring Evidence - Guess Who's Involved". Immediately the Thorntown Council President Gary Jones had Marshall Jeff Woodard cite me for violating the town's ordinance prohibiting unapproved signs. In September of 2008 Gary Jones' son Caleb, who was 19 years of age at the time, was arrested and charged with battery following an incident in which he cut his mom with a knife after she refused to let him shower at the same time as his younger sister.

Boone County Superior Court II Judge Rebecca McClure heard the sign case. She is the judge who would not allow me to attend the trial of Delisa Draper in December 2007 related to the 2005 arson fire. Ultimately McClure found that Thorntown's sign ordinance was constitutional and that I had violated it. I do have documentation where McClure admits to being involved in the cover-up of child-molestations.

There was also the year that I went to the Boone County Lincoln Day Dinner and was escorted out by 4 Lebanon Police Department Officers. The excuse was that they did not have room to accommodate me. Coincidentally, or not so, Delisa Draper a victim of the 19 August 2005 fire who was charged in connection with it was asked to leave. I have attended numerous other Lincoln Day Dinners and political events throughout the state and never have I been asked or told to leave any of those.

Although I have been a child advocate for years and participated in numerous child-related events both as a participant and volunteer never have I seen Judge David participate in any. For someone who claims to be such an advocate for children you would expect to see him at least once volunteering in a hands-on activity. It seems that only his name appears.

Just to top it off, staff in the court house have relayed stories to me about his dictatorial practices and the tirades he would go into with them. There are numerous other "stories" from courthouse staff, police, lawyers and more about him that I don't have recorded so I won't bother mentioning them. Overall though, they paint a picture of someone who abuses his power and authority.

Today, more information came out about the Barnes v State of Indiana case following a meeting between Indiana Attorney General Greg Zoeller and members of Campaign for Liberty and the public. Zoeller was asked why he sought this opinion from the State Supreme Court. His response was that he had to follow the wishes of the prosecutor. He was then specifically asked if he had the discretion whether to pursue transfer to the Indiana Supreme Court. He reluctantly replied that he did.

Zoeller released a press statement following the meeting in which he stated that he did not seek a broad interpretation that would allow the Fourth Amendment violations to stand and that the citizens could not resist such violations. However, a reading of the brief indicates that Zoeller did seek a broad ruling and clearly laid the seeds for the ruling made by Justice David. The brief will soon be made public.

A recall page for Steve David has already been started on FaceBook. I encourage you to join. I think it is also needed for Zoeller as he has not been forthright in his explanation that he did not seek a broad ruling that expanded police powers well beyond what is constitutionally acceptable. Justice Dickson's dissent was correct and was narrowly tailored to accomplish the legitimate police purpose.

I have made it no secret in the past that Steve David was a climber who violated the rights of litigants in the courtroom and operated in a corrupt manner. To this day I will still say that he is corrupt, has taken under-the-table payments to fix at least one case, and has violated his oath of office.

But I leave it up to you to decide. If you were a public figure seeking to ascend in your field and I had very publicly made those allegations would you sue me for defamation or seek an injunction to require the removal of such statements? Judge David never has nor has he disputed my claims. Judge David dismissed a lawsuit seeking access to the public records, by statute, about a girl who was detained at the Boone County Jail and who had alleged to me that she had been sexually assaulted. He then placed a No Contact Order on her and then one on me which barred her from sending information to me or me from receiving it. Why would a judge not want a child having access to a child advocate? I alleged that at my trial I would reveal "evidence of corruption" by Judge David and Prosecutor Meyer but David would not allow me to have a trial and dismissed the charge, over my objection. If there was nothing to hide, why hide?

If I was a judge and a criminal defendant alleged he would produce evidence that I was involved in corruption, I'd say bring it on. But maybe that is just because I am not corrupt!

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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

©2011 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.


Carnie said...

The justice system in Boone County has been corrupt for a very long time. I am sure if you dug deeper you would find a wider spectrum of issues you would not believe. There was at one time a prosecutor who became a judge who had been convicted multiple times of dui who was allowed to continue her job and later became a judge. I feel for your plight and hope for once someone can make a change in the corruption

dadofsharp said...

I have plenty on steve david, a virtual dictionary of court papers in which my ex wife took me between 1997 and 2003 over 30 times and he let everything in. Did i mention that he was friends with my exwifes new husband and absolutely would not take himself out of the case, even after i filed for change of venue from judge....3 times, oh yes i have all the paperwork, u didnt need to warn me, i cant believe that prick got appointed

countyjail said...

Most people tend to think of jail as a place that criminals are put so that society as a whole will be safe. We want to think that every person who is put in the county jail is guilty of some kind of crime. What so many of us lose sight of is that when you have a large number of people living in cramped quarters, there are bound to be problems.

Boone County Jail